If a non-Muslim foreigner living in the UAE dies without a registered will, Article 11 of Federal Decree-Law No. 41 of 2022 on Civil Personal Status gives half of the estate to the surviving spouse and shares the other half equally among the children. Abu Dhabi Law No. 14 of 2021 uses a similar order. Any heir may ask for the law the Civil Transactions Law points to instead. The estate is opened at the competent court, such as the Dubai Courts Inheritance Court or the Abu Dhabi Civil Family Court.
Who this guide is for
This guide is for the family of a non-Muslim expat who has died, or for anyone planning ahead who wants to know what happens without a will. It explains the default rules and the court routes. It does not cover estates of Muslims, assets held outside the UAE, or tax in other countries. If you are dealing with frozen bank accounts right now, read what happens to bank accounts after a death alongside this guide.
Who inherits under the default rules?
Both laws say the same thing where there is a spouse and children. They differ slightly in wording where there are no children.
| Family left behind | Federal Decree-Law No. 41 of 2022, Article 11(2) | Abu Dhabi Law No. 14 of 2021, Article 11(2) |
|---|---|---|
| Spouse and children | Half to the spouse, half shared equally among the children | Same |
| No children, both parents alive | The estate passes to the parents in equal shares | Same wording |
| No children, one parent alive | Half to the surviving parent, half to the siblings | Same |
| One parent only, with no spouse, children or siblings | Everything to that parent | Not stated separately |
| No parents alive | Everything to the siblings, shared equally | Same |
Neither text spells out clearly how a surviving spouse shares with parents or siblings when there are no children. The Abu Dhabi Judicial Department's own FAQ reads the Abu Dhabi law as the spouse keeping half, with the other half going to the parents or siblings. Ask the court how it will apply the rule to your family before you rely on any split.
Both laws treat men and women equally in inheritance. The Abu Dhabi law adds that this applies regardless of the heir's gender, religion or nationality (Article 16).
Can the family ask for home-country law instead?
Yes, in principle. Under Article 11(3) of both laws, any heir of a foreigner may ask the court to apply the law that governs the estate under the Civil Transactions Law, unless a registered will says otherwise. Separately, Article 1 of the federal law says it applies to non-Muslim foreigners living in the UAE unless one of them holds to the law of their own country.
Three points to note:
- The request changes the whole distribution, so heirs may disagree about it. Take advice before you make it.
- The federal law applies to events after it came into force on 1 February 2023 (Article 1(3)). For older deaths, confirm which rules the court will use.
- The federal law is written for non-Muslims living in the UAE. If the person who died lived abroad but owned UAE assets, ask the court which law it will apply.
Which court opens the estate?
| Where | Court | What the official pages say |
|---|---|---|
| Dubai | Dubai Courts Inheritance Court (Probate Court) | Set up by Dubai Decree No. 25 of 2023 to hear estate cases and related disputes in one court. Older Dubai Courts pages listed non-Muslim estates under the Personal Status Court, so ask Dubai Courts which court and service opens your file. |
| Abu Dhabi | Abu Dhabi Civil Family Court (Abu Dhabi Judicial Department) | Uses an "Inheritance Application for Expats" form. You can ask the court to distribute the estate under Law No. 14 of 2021 or to appoint an administrator. All heirs aged 16 and over must attend the first session. |
| DIFC | DIFC Courts | Their probate service is for wills registered with the DIFC Courts Wills Registry. The grant of probate is then taken to Dubai Courts for enforcement. The service is not described for an estate with no will. |
| Other emirates | The competent court in that emirate | Confirm the filing channel first. For federal courts, the Ministry of Justice can be reached on 800 333 333. |
Under Resolution No. 8 of 2022 (Article 3), the Abu Dhabi court can register and enforce civil inheritances where the estate is in the UAE, order distribution and appoint an administrator to run the estate.
What happens to property and money?
The estate is not shared out straight away. Under Cabinet Resolution No. 122 of 2023, the executive regulation of the federal law (Article 25), the following are paid first, in this order: funeral costs, the costs of administering the estate, the fees of the executor and the estate administrator, and then the debts of the estate. Only what is left is divided.
Banks, the land department and other registries normally need a court document before they transfer anything to heirs. See registering a will in the UAE for how a registered will changes this.
Step by step
- Collect the death certificate. For a death abroad, get it attested and translated before you file.
- Check for a will. Ask the DIFC Courts Wills Registry, the Abu Dhabi civil wills section and the family whether a will was registered.
- List the family. Note the spouse, children, parents and siblings, with dates of birth and nationality.
- List UAE assets and debts. Include accounts, property, vehicles, shares, end-of-service dues and loans.
- Decide on the applicable law. Discuss with all heirs whether anyone will ask for home-country law.
- Choose the court. Use the table above, based on where the person lived and where assets are.
- File the application. In Abu Dhabi, use the court's inheritance form; in Dubai, ask Dubai Courts which Inheritance Court service to use.
- Attend and follow up. Heirs may need to attend sessions or give powers of attorney.
- Use the court order. Present it to banks and registries to transfer or release assets.
Documents checklist
- Death certificate, attested and legally translated if issued abroad
- Passport and Emirates ID copies of the person who died
- Passports and IDs of every heir
- Marriage certificate and children's birth certificates
- Any will, registered or not
- A statement of assets and liabilities in the UAE
- A list of any minor heirs
- Powers of attorney for heirs who cannot attend
- Legal Arabic translations of non-Arabic documents where the court requires them
The evidence checklist builder can help you index these documents.
Common mistakes
- Assuming Sharia rules apply to every expat. The civil laws set their own default shares for non-Muslims.
- Assuming the spouse takes everything. With children, the spouse takes half, not the whole estate.
- Going to the DIFC Courts without a DIFC will. Their probate route is for wills registered with their registry.
- Asking for home-country law without advice. It can change every heir's share.
- Ignoring debts. Debts are paid before the estate is divided.
When to speak to a licensed lawyer
Speak to a licensed lawyer if the heirs disagree, if anyone wants home-country law, if there are minor children, if there are assets in several emirates or countries, or if the person who died was not a UAE resident. Advice is also sensible where there is a business or a large debt. The free case check can help you set out the facts first, and CaseDaleel can introduce an independent licensed professional only if you choose.
Frequently asked questions
Does Sharia law apply to a non-Muslim expat's estate in the UAE?
Not by default: Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 set civil default shares for non-Muslims, though heirs may ask for a different applicable law.
Does the surviving spouse get everything?
No, where there are children the spouse receives half and the children share the other half equally.
Do sons get more than daughters?
No, both civil laws share the estate equally between sons and daughters.
Can we choose our home country's inheritance law?
Any heir of a foreigner may ask the court to apply the law that governs the estate under the Civil Transactions Law, unless a registered will says otherwise.
Can the DIFC Courts deal with an estate that has no will?
The DIFC Courts' probate service is described for wills registered with their Wills Registry, so an estate without a will normally goes to the Dubai Courts Inheritance Court or another competent court.
Do all heirs need to attend court in Abu Dhabi?
The Abu Dhabi court's inheritance form says all heirs aged 16 and over must attend the first session, and a power of attorney may help where someone cannot.
Official sources
- UAE Legislation — Federal Decree-Law No. 41 of 2022 on Civil Personal Status
- Abu Dhabi Judicial Department — Abu Dhabi Civil Family Court (wills and inheritance)
- Abu Dhabi Judicial Department — Inheritance Application for Expats (PDF)
- Dubai Courts — Inheritance Court
- DIFC Courts — Probate
General information, not legal advice. CaseDaleel is not a law firm.